UPDATED ON:
Wednesday, October 22, 2008
22:45 Mecca time, 19:45 GMT
News Europe
Chagos islanders dealt court blow
The Chagos Islanders originally won the right to
return home in 2000 [File, AFP]

The British government has won its appeal over court rulings that allowed displaced Chagos Islands inhabitants to return to their homes in the Indian Ocean archipelago.

The decision on Wednesday by the House of Lords, the UK's upper house of parliament and highest court, overturns earlier rulings that said the method used to block the return of the islanders was unlawful.

About 2,000 Chagos inhabitants were forced from their homes by Britain in the 1960s and '70s when the UK granted permission for a US air and naval base on Diego Garcia, the largest island in the Chagos archipelago.

"There are a lot of Chagossian people in front of the court today and we are very sad about this decision," Hengride Permel, from the Chagos Islands community association, told Al Jazeera.

"It was a chance for the British government to right a wrong... it is a shameful day for the government."

David Miliband, Britain's foreign minister, welcomed the ruling, but noted "the government's regret at the way the resettlement of the Chagossians was carried out in the 1960s and 1970s and at the hardship that followed for some of them".

Miliband said: "We do not seek to justify those actions and do not seek to excuse the conduct of an earlier generation.

"But the courts have previously ruled that fair compensation has been paid and that the UK has no legal obligation to pay any further compensation."

He said the government would "keep in close touch with the Chagossian communities and consider carefully future requests to visit the territory".

Military base

Permel said campaigners planned to "take a letter to Downing Street", the prime minister's residence, asking for the government decision to be overturned.

Diego Garcia has been used in US military campaigns in Afghanistan and Iraq, and the British government has argued that it would not be right for the Chagossians to be allowed home, citing security concerns.

Many of the islanders were moved to Mauritius.

Speaking to Al Jazeera, Suzelle Baptiste, who was born on Diego Garcia but now lives on Mauritius, said: "I am very disappointed with this judgement, especially for Chagossian woman like myself.

"We have been fighting this case for many years and today we were hoping for justice but this is not the case. We will not give up hope in our fight to return to our homeland."

Richard Gifford, the islanders' UK-based solicitor, said: "It has been the misfortune of the Chagos Islanders that their passionate desire to return to their homeland has been caught up in the power politics of foreign policy for the past 40 years.

"Sadly, their struggle to regain their paradise lost has been dismissed on legal grounds, but the political possibilities remain open for parliament, the British public and the international community to continue to support [their return]."

Right to return

The Chagos islanders originally won the right to return home in 2000.

Following the islanders' court victory, Robin Cook, the UK's then foreign secretary, said the government would arrange for the Chagossians to return to the outer islands.

But in 2004 the government changed its mind and forbade anyone from having a right of abode on the islands.

In 2007, the British high court ruled the Chagos islanders had been illegally expelled and should be allowed to return, but the British government appealed and the House of Lords ruling has upheld that appeal.

"The government has had the original ruling overturned," Nadim Baba, Al Jazeera's correspondent in London, said.

"There's a lot of anger over the decision, but for the time being it's a victory for the British government."

 Source: Al Jazeera and agencies
 
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Feedback Number of comments : 11
 
Neil Hoskins
United Kingdom
22/10/2008
Shameful Indeed
Thoroughly shameful. It would be nice for once to be standing on the moral high ground when I argue against repression by Wahhabis and the Taliban.

Marty B
Spain
22/10/2008
Imperialist Oppressors
Ironically, I cannot find any British newspapers mentioning this story. I wonder why...

Willy Van Damme
Belgium
23/10/2008
Human rights on Diego Garcia
Today the European Parliament gave a special honour to a Chinese dissident praising him for his defense of human rights in China. Maybe he should in protest give this honour to the people of the Chagos Islands or those of Guantanamo victim of human rights abuse aided or carried out by European countries. And the statements made here by David miliband, defender of Zionist cruelty, is as hypocritical as it can be. Is this British socialism? Of the F1 kind I guess.

di
United States
23/10/2008
English
"strangly un-English" ??? you sound so English for saying that - you imply the English have been fair over the centries when dealing with natives of foreign lands? Come on... their history is shameful.

Joe
Afghanistan
22/10/2008
Another blow to justice and Human Rights.
How ironic that the British government should fight illegal wars in the name of democracy and Human Rights when the eggs are rotting in its own basket. So sad to see the British rather please the all mighty USA than to provide its own people with justice. Another blow to justice and Human Rights!

Davy de Vertuil
Trinidad and Tobago
22/10/2008
Chagos islanders dealt court blow
Isn't the international court the appropriate forum for settling this injustice? This should not be a matter where the perpetrators of an unjust act be the lords adjudicating itself. its laughable when a thief puts itself on trial then act as Judge jury and perpetrator. I have come to realise by such domestication that Israeli occupation land grabbing is no longer unique - GOD forbid!

Mick Napier
United Kingdom
22/10/2008
Another example of ethnic cleansing
At least those driven from their homes on Diego Garcia and the other Chagos islands were not exterminated, unlike, say, the Tasmanians or the original Newfoundlanders. This latest atrocity, however, stands in a long line of British ethnic cleansing oerations, not to mention the UK's unstinting support for ongoing Israeli ethnic cleansing of Palestine, still in full swing. M'learned judges know how to legitimise theft and brigandage by the British state. Nothing new here.

David J
Switzerland
22/10/2008
Chagos Islands
I am, once again, ashamed of my own government and I am sure that most of my fellow Britons will be too. Let's hope that the European Court can enforce some justice.

colindale
United Arab Emirates
22/10/2008
Chagos Islanders
It was just a mere decade and a half since the British army brutally put down a civilian rising in Kenya by Mau Mau freedom fighters that the UK acceded to a request from the US to build a military base on the island of Diego Garcia, just a few hundred miles away, in the Indian Ocean. Those who queried this action were told that the island was uninhabited – rather like the story that Palestine was also a land without people. In both cases, it was politically expedient to intentionally mislead.

ted heath
New Zealand (Aotearoa)
23/10/2008
English
This is very unfair and strangely un British. I wonder if the Yanks have been pressuring behind the scenes.

1984
United Kingdom
23/10/2008
chagos islands
this is an absolute disgrace to our country- they were wrongly removed by the uk government by saying they had no right to live there because they were not natural inhabitants but immigrants-something proven later to be an outright lie-and the reason?-a deal with the usa to provide the uk with missles in return for letting the islands to the usa-amazingly before that the uk had said people could not continue to live on the islands because of rising water levels and yet the usa are still there!!

 
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